California Court Of Appeal
Recent News About California Court Of Appeal
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Murdered teacher, school district not liable for classroom shooting
RIVERSIDE, Calif. (Legal Newsline) - A California school district and the estate of a teacher who was shot and killed by her estranged husband aren’t liable for the incident in which a student was also murdered, an appeals court ruled, finding no evidence the district created a “dangerous condition” by failing to bar visitors from the school or install locks on doors. -
Court: PAGA plaintiff bound by labor agreement's arbitration clause
LOS ANGELES (Legal Newsline) - A plumbing and heating company won't have to deal with a lawsuit brought under California's Private Attorneys General Act, which allows employees to bring suit on behalf of the State and opens businesses to civil penalties. -
Appeals court sides with jury instead of judge in $850K slip-and-fall
LOS ANGELES (Legal Newsline) - A trial judge was wrong to throw out an $850,000 verdict in favor of a man who claimed he slipped and fell on water that spilled out of a restaurant employee’s cart full of dirty dishes, an appeals court ruled, rejecting the restaurant’s explanation of what happened “made little sense.” -
Court: Joel Silver can't be blamed for death of assistant after her night of wine, cocaine
LOS ANGELES (Legal Newsline) – A bottle of wine and some cocaine weren’t part of the job duties for the private chef of a Hollywood producer, a California appeals court has ruled. -
Med-mal plaintiff will have to be happy with $1 million settlement, court finds
LOS ANGELES (Legal Newsline) – A plaintiff who settled medical malpractice claims against a surgeon for $1 million can’t also recover from Santa Barbara Cottage Hospital, a California appeals court has ruled. -
California Highway Patrol must keep fighting lawsuit over fatal accident
LOS ANGELES (Legal Newsline) – A California appeals court has reversed a decision that granted immunity to the California Highway Patrol after the parents of a man who was kicked out of an Uber then struck and killed by an officer sued. -
Uber not liable for sexual assaults by fake drivers, court rules
LOS ANGELES (Legal Newsline) - Uber Technologies had no duty to protect women who got into cars driven by men who sexually assaulted them even though the ride-app company knew people were printing out official-looking Uber stickers on home computers and using them to lure victims, a California appeals court ruled. -
California loses claim on $1.25 million 'wrongful life' settlement
LOS ANGELES (Legal Newsline) - California’s Medicaid program was awarded too big a share of a $1.25 million “wrongful life” settlement between a severely disabled child and the doctor who allegedly failed to inform his parents of birth defects in time to abort the fetus, an appeals court ruled. -
Major verdicts for hip replacement patient keep getting reversed
LOS ANGELES (Legal Newsline) - A medical device manufacturer’s expert was improperly excluded from testifying in a lawsuit over an allegedly defective hip implant because the trial judge misunderstood the difference between proving a case and casting doubt on a plaintiff’s claims, a California appeals court ruled. -
Retirement home defeats lawsuit over resident who was killed when he was hit by car
LOS ANGELES (Legal Newsline) - A retirement home whose executives were convicted of felony elder abuse for allowing a resident to wander off repeatedly, until he was struck by a car and killed, is protected against lawsuits by California’s two-year statute of limitations, an appeals court ruled. -
California governor fends off class action over COVID lockdown
SAN DIEGO (Legal Newsline) - California restaurants and gyms lost their effort to pursue a class action against Gov. Gavin Newsome over his stringent Covid-19 lockdown measures, as a state appeals court rejected arguments the orders violated administrative procedure law or represented an unconstitutional taking of their property. -
Even after more than a year, California defendant can call on arbitration clause
LOS ANGELES (Legal Newsline) – Time mostly wasted can’t cancel a defendant’s request to send a lawsuit to arbitration. -
San Diego can use private lawyers on contingency fee to sue, court says
SAN DIEGO (Legal Newsline) - A California appeals refused to boot contingency-fee lawyers from a lawsuit by the City of San Diego against Experian, rejecting the company’s argument the private lawyers violated the public prosecutor’s duty of neutrality by working for a share of any money they won in the case. -
Former Riverside prosecutor can question district attorney in lawsuit
LOS ANGELES (Legal Newsline) - A California appeals court ruled that a former prosecutor now suing Riverside County for wrongful termination can question the current district attorney over whether the county tried to pressure the DA into lying about whether his predecessor was unethical. -
Free samples table could be liable for injuries all across Costco
SAN DIEGO (Legal Newsline) - A company that set up a table offering free samples inside a Costco warehouse store is potentially liable for customer slip-and-falls anywhere inside the building, a California appeals court ruled, overruling a trial court that found the vendor’s contract limited liability to within a 12-foot radius of the table. -
As it turns out, used Dodge Ram with 55K miles on it does not qualify for refund or replacement under lemon law
Owners of a used Dodge Ram pickup truck with 55,000 miles on it cannot hold the manufacturer responsible for a refund or replacement as the vehicle is not considered new, according to a recent state appellate court ruling. -
Legal malpractice suit against Edwards Wilder revived
LOS ANGELES (Legal Newsline) – A California law firm that became part of Locke Lord might still face liability for its representation of a disgruntled client who tried to sue the London-based Daily Mail. -
Massive judgment against J&J, Ethicon over pelvic mesh marketing stands in California
SAN DIEGO (Legal Newsline) – Johnson & Johnson has mostly lost its appeal of a nine-figure judgment against it over the marketing of its transvaginal pelvic mesh products. -
Bad news in court for psychiatric hospital that hired 'Rapey Juan'
VENTURA, Calif. (Legal Newsline) – A cap on noneconomic damages for certain health care lawsuits doesn’t apply to instances of elder abuse at a psychiatric hospital, a California court has ruled. -
Defendant can seek legal fees in Jones Act spat over where ship was built
SAN DIEGO (Legal Newsline) - A dredging company turned the tables on a competitor that sued it for violating federal law, winning a ruling by a California appeals court that it can seek attorneys fees under the state’s anti-SLAPP law prohibiting retaliation against protected speech.